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Judgment
N.A. Britto, J.—This is State''s appeal and is directed against judgment dated 16/09/2005 of the learned Reference Court.
Several lands were acquired for the construction of approach road for a bridge across Zuari river at Sanvordem. This appeal pertains to acquisition of 39 square metres from Survey No. 60/4. The applicant (respondent, herein) was granted compensation at the rate of Rs. 120/- per square metre. This was granted on the basis of the judgment dated 5/05/2005 in Land Acquisition Case No. 62/2004 which pertained to Survey No. 60/8.
The learned Reference Court had taken note of the fact that Survey No. 60/4 is adjacent to Survey No. 60/8. As regards Survey No. 60/8, lying on the bank of river Zuari at Curchorem, the first appeals filed by both the parties have been disposed of by this Court by judgment dated 22/09/2010 in First Appeals Nos. 218 and 254 of 2005 and the award of compensation payable at the rate of Rs. 120/- per square metre with consequential statutory benefits, has been upheld.
In M/s. Printers House Pvt. Ltd. Vs. Mst. Saiyadan (Deceased) by L. Rs., and others, , the Apex Court has held that:
If comparable Sales Method of Valuation of land is adopted in determining the market value of an acquired plot of land, it generally holds good for determination of the market value of several acquired plots of land, if acquisition of all such plots of land is made pursuant to the same preliminary Notification.
Again the Apex Court in Delhi Development Authority Vs. Bali Ram Sharma and Others, has held that:
Having regard to the undisputed facts and the material placed on record and in the light of judgment of this Court in Karan Singh''s case, it is not possible for us to take a different view as regards market value of the lands covered by the same Notification issued u/s 4(1) of the Act.
This appeal, therefore, has got to follow the result of the aforesaid 2 appeals decided by this Court by judgment dated 22/09/2010. In the light of that nothing survives in this appeal and, accordingly, the same is hereby dismissed.
